Industry Responds to Category X Vegetation Decision

The Property Council has written to the Minister for State Development, Infrastructure and Planning to draw attention to the recent decision of the Court of Appeal’s Fairmont Group Pty Ltd v Moreton Bay Regional Council [2019] (Fairmont) decision, which has ruled Category X vegetation may be assessable vegetation under a council planning scheme.

Category X vegetation is considered to have very little ecological value, and previously the government operated on the basis that clearing this category of vegetation was acceptable.

The recent decision in the Fairmont case places impacts on existing development approvals, as vegetation previously considered to be exempt is now called into question.

The Property Council is deeply concerned that this decision will add increased complexity around the amount of developable land across Queensland and in particular the urban footprint in South East Queensland.

Through recent correspondence, the Property Council has urged the Queensland Government to clarify this issue and consider the inevitable flow-on-impacts to housing supply and affordability.